Results are in...

blatzphemy

blatzphemy

PEB Forum Regular Member
I got so f'ed. I just heard back 10%. I'm so sick right now I could throw up. That doesn't follow the VA schedule of ratings what-so-ever. I also talked with the VA. The VA is back ordered a year and a half right now. I was crippled at work; I can barely walk or function. In their eyes I'm not even entitled to medical care. What happens now? (I'm fighting it of course) I'm supposed to go home, loose my house and my family ends up on the street until the VA gets their stuff together. I'm not asking for anything unwarranted. I don't want a hand out. The only job I can possibly do is a desk job. Other being computer savvy I have nothing to offer in Orlando's economy. The thought of my family being on the street is horrifying. I feel like my only open is to just kill myself so they can have the life insurance. I have been betrayed and now my family ultimately must suffer for it.
 
Blatzphemy,

I haven't been following your case..so I have no input on that right now...BUT, what I do know is that they f'up and f'k with us all the time. Obviously, You aren't going to settle and this isn't the end of it. Its just f'd up that we all have to submit and re-submit when we are really due.

Take a deep breath and re-group. WE are all here to help you make forward progress! Its a pain in the A)*), but its not the end all. Those of us with legitimate issues prevail...albeit, we have to go through this.

I'm sure someone who has been following your case with you will have some suggestions.

Take care,

Felicia
 
I feel your pain and share your concerns about the family and all. I remember reading about your accident but don't remember if you had your retirement years secured. My goals were all set out, varified, and my commander knew about what they were as well, then things went bad and got worse. I am trying hard not to worry about the future to much, save a lot of money. I went today to find out what will happen if I have to file bankruptcy just for a piece of mind, can't lose the house or play toys. Life at work has gotten so much worse because of not being able to do what everyone else can and they want me out anyway possible now, very stressful. I told the MEB and case manager that if this narrative is not completed correctly, I will appeal. I will go when I am ready (maybe not realistic) and will fight all the way, 1 EPR's here I come. At least you have made it to the IPED, keep fighting for your rights and keep giving them he....I know it is very hard.
Good luck
 
Do not forget to apply for SSDI. You get priority while in the military.
 


Currently I’m going through my medical records and pairing the disability with the appropriate page in VASRD. I’m highlighting key points because it’s obvious they couldn’t be bothered to read before.
They are “giving” me 10% for Fibromyalgia. I noticed my Migraines was changed to Headaches. There was absolutely no regard for my range of motion, I am less than 30’ throughout my spine. According to the VARSD that translates to,


“Unfavorable ankylosis of the entire cervical spine; or, forward flexion of the thoracolumbar spine 30 degrees or less; or, favorable ankylosis of the entire thoracolumbar spine” That’s 40%

And…



Forward flexion of the thoracolumbar spine greater than 30 degrees but not greater than 60 degrees; or, forward flexion of the cervical spine greater than 15 degrees but not greater than 30 degrees; or, the combined range of motion of the thoracolumbar spine not greater than 120 degrees; or, the combined range of motion of the cervical spine not greater than 170 degrees; or, muscle spasm or guarding severe
That’s 20%...
I also have Narcolepsy with Cataplexy Major depressive disorder Anxiety disorder (I have panic attacks where I black out at least twice a week even with meds) fecal incontinence. Personality disorder. I am going to a neurologist that’s not Navy next week to get the proper migraine diagnosis. (I have debilitating migraines at least twice a day all I can do is lay on my face)
Before all of this I was an EP sailor, Rescue Swimmer and had several tasks above my pay grade. I don’t understand how they could betray me like this. I don't think my family and I should be homeless as a result.

Any advice would be greatly appreciated!
 
With such a screwed up and noncompliant determination I am going to venture a guess that you are in the Navy. Simply put, the Navy PEB is corrupt, dishonest and a disgrace to the military. If you haven't already, read DES Outrages 14 and 16. There are a lot of details embedded in those outrages that will assist you in the preparation and presentation of your formal board. By all means appeal this decision and demand a formal board.

PEB Forum Home - Add New Section

Mike
 
Listen to Mike Parker and appeal to the FPEB.

I highly recommend you retain either Mike Parker or Jason Perry to represent you.

DO NOT GIVE UP! You will prevail.

If you need help finding anythingplease feel free to PM me.
 
Please do not get discouraged. There is light at the end of the tunnel. You said you are located in Orlando. Please contact your Regional Recovery Care Coordinator: Michael Mack (850)883-9254 or Tomas Fredricks (321)494-8451. We will not let you fall through the cracks. For employers looking for individuals with military experience please visit www.employerpartnership.org
 
Ruptured Duck said:
Listen to Mike Parker and appeal to the FPEB.

I highly recommend you retain either Mike Parker or Jason Perry to represent you.

DO NOT GIVE UP! You will prevail.

If you need help finding anythingplease feel free to PM me.
Click to expand...

How do I go about retaining Mike or Jason? Please message me. Yes, unfortunately I'm in the Navy. I thought my problems would be over when I escaped partisan Navy "Doctors." I will request a FPEB; right now, I am requesting”reconsideration."

I'm trying to give myself time to better prepare for leaving the Navy. Although already utterly ridicules, I cannot see how they can just ignore the VASRD when I'm putting it right in front of them. I am also scheduling a visit with the local congress woman. However, I am a little hesitant to do so (stirring up dust can have a negative affect). I am just left with no options.

Probably the most appalling to me is if my board was sent just days later I would be part of the Navy’s new Pilot Program. Because of days I fall under the legacy program and will have to wait months/year to receive any VA benefit.
 
Where are you located? I can put you contact with a Recovery Care Coordinator that will walk with you through the DES
 
My friend........ I'm so sorry about your situation. Every time I read about other people situation like your, it makes me loose faith in the military. Hopefully everything will go better. Everybody tells me that this is a waste of money, but when the time comes for me to go in front of a board I will hire a lawyer. You should go to Law Office of Jason Perry LLC, - Physical Evaluation Board, Medical Evaluation Board, PEB, MEB, PDBR, Physical Disability Board of Review, attorney, Army, Air Force, Navy, Marine Corps, Coast Guard, National Guard, JAG, lawyer and get some info about Jason Perry. I will definately hire his service. It may be sad, but I don't trust the military to take care of me. That's why I will hire a lawyer. It is very sad to read situations like yours, specially when all the help is here. Including the representation.

I don't know if it is too late, but if it is not I strongly recommend gettting legal representaion. This is actually an investment to your life and your health. Hope everything get better.
 
I feel your pain friend they did the same to me in 2008 except I was being
pressured to get out by a worthless Marine Command and I had to take the BS 20%
the gave me. It's easier to fight while you are in. You should easily get more
then 10% you just need to fight for it. Also there is a way to start going
through the VA early. I know that out of Camp Pendleton
we had a Disabled Transitioning Program and I was already rated by the VA prior
to getting out first check in hand 1 month after discharge. Check with your
PEBLO if they don't have any info PM me and I'll try to get you in contact with
the people I went through.


 
First, you cannot retain me. I am not a lawyer but rather a guy who read and studied the regulations. I do pro bono work when I can in terms of advice on how to proceed and the arguments to make. Step one, exam in detail DES Outrage # 14 and 16 as you can leverage off the same arguments. In your reconsideration, outline your issues and questions and demand the PEB respond to them IAW 10 USC 1222a.

For those of you who received a DES rating of less than 30% and were separated between 9-11-2001 and 12-31-09, appeal to the PDBR. Note: An effort is under way to extend the separation window for PDBR eligibility to at least 9-30-11. Stand by for details as they develop.

Mike
 
Please contact your regional Recovery Care Coordiantor to fight through this, you are not alone, we will advocate for you in whatever you need. Your Recovery Care Coordinator is William Barnes at office (937) 257-9784 or on-call cell (937)673-3196
 
Okay, here is a copy of my rebuttal packet that was sent up for a "reconsideration." Hopefully this helps someone else out. Some pages will take a few minutes to load.

https://docs.google.com/viewer?a=v&...TctNmZjNy00ZGU4LTlkNWEtZjJkYWFmNDM5ZGQ4&hl=en

I'm looking forward to opinions and advice, especially Mike Parker's.

If you see any personal information I overlooked please send me a message.

Also, there is a new instruction out today. It states any sailors on LIMDU that have not been approved for PTS and do not have an active PEB will no longer be extended. There are some malingerers out there however, I don't think everyone should fall into their pool.
 
It arrive via message traffic, I'm assuming bupers. Here's a copy,

A. ISSUE 111101: SAILORS WHO ARE ON LIMITED DUTY (ACC 105) AND
DO NOT HAVE A PERFORM TO SERVE (PTS) CODE/QUOTA OR HAVE A
SEPARATION CODE (ASP, RSP, XSP) AS IDENTIFIED IN FLEETRIDE OR
LOPG, SHOULD NOT BE INVOLUNTARILY EXTENDED/RETAINED IN SERVICE
BEYOND THEIR CURRENT EXPIRATION OF OBLIGATED SERVICE. IF A
SAILOR ON LIMDU HAS AN EAOS/SEAOS THAT ENDS WITHIN THEIR CURRENT
LIMDU PERIOD, AND HAS EITHER A BLANK PTS CODE OR A PTS CODE
DIRECTED SEPARATION, THAT SHALL BE CONSIDERED A MANDATORY
REASON FOR SEPARATION AND THAT SAILOR SHALL BE SEPARATED PER
MILPERSMAN 1306-1202 PARA 5.C. THE ONLY CAVEAT TO THIS POLICY
IS IF THE SAILOR IS HOSPITALIZED AT THE POINT OF EAOS/SEAOS OR
HAS AN "ACCEPTED" PHYSICAL EXAMINATION BOARD (PEB). ACCEPTED
PEB DOES NOT MEAN SIMPLY SUBMITTED TO THE PHYSICAL EXAMINATION
BOARD (PEB) IN DC, IT MUST HAVE BEEN ACCEPTED BY THE PHYSICAL
EXAMINATION BOARD (PEB) IN DC.
1. FOR EXAMPLE, PS2 SMITH HAS AN EAOS OF 110401, WAS PLACED
ON A FIRST PERIOD OF LIMDU EFFECTIVE 110323, AND DOES NOT HAVE
PTS APPROVAL. PS2 SMITH IS NEITHER HOSPITALIZED NOR HAS AN
ACCEPTED PEB. THIS SAILOR SHALL BE SEPARATED AT HIS/HER EAOS.
PSD/CSD SHALL NOT EXECUTE AN INVOLUNTARY EXTENSION/RETAIN IN
SERVICE TO KEEP THIS SAILOR ON ACTIVE DUTY FOR THE DURATION OF
HIS/HER LIMDU PERIOD. FOR ADDITIONAL GUIDANCE CONTACT PSC(AW)
TOM PALMER (PERS-4013C1) AT [email protected]; COMMERCIAL:
901-874-4475, DSN: 882-4475 OR YNC(SW/AW) NATE TRICE (PERS-836)
AT [email protected]; COMMERCIAL: 901-874-3230,
DSN: 882-3230.
 
The link you provided for google docs requires a login (user e-mail and password). So, can't see the documents you are referencing.

I have a great many comments on the message though. Not to wreck the suspense, but I think it is blatantly illegal (and will set up a great many claims that will need to be adjudicated after members are separated). Will comment more later.
 
You must log in or register to reply here.
Top